Legal Opinion

In Re Wdh Howell, LLC

United States Bankruptcy Court, D. New Jersey

Decided June 24, 2003No. 01-22083PublishedCited by 18 opinions

1Opinion of the Court

OPINION

WILLIAM H. GINDIN, Bankruptcy Judge.

Presently before the court is a motion for turnover of property filed by Valerae Hurley, the spouse of the debtor, Dr. William D. Hurley. Dr. and Mrs. Hurley received tax refunds from the IRS for tax years 1999 and 2000 in the amount of $78,608.70 and $167,999.00, respectively. Mrs. Hurley, a non-debtor, seeks payment of one half of the tax refunds, $123,303.85. Dr. Hurley filed a voluntary Chapter 11 petition on May 24, 2001. As discussed below and in accordance with New Jersey law and the precedent of the majority of courts deciding this issue, the…

2Cases cited27 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Kokoszka v. BelfordSupreme Court of the United States · 1974
  4. Elizabeth N. Callaway v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 2000
  5. Coerver v. CommissionerUnited States Tax Court · 1961

22 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Carlson v. Moratzka (In Re Carlson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
  2. In Re InnisUnited States Bankruptcy Court, C.D. Illinois · 2005
  3. In Re SmithUnited States Bankruptcy Court, N.D. Ohio · 2004
  4. In Re LockUnited States Bankruptcy Court, S.D. Illinois · 2005
  5. In Re GartmanUnited States Bankruptcy Court, D. South Carolina · 2007

13 more not listed; retrieve them via the Exa API.

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